Author Archives: Patrick Mallon

About Patrick Mallon

Patrick Mallon (BA, PgDl) is a Grade A personal injury solicitor and head of our EL/PL department, which handles accidents at work and public liability claims, such as slips, trips and falls. He qualified in 2005 and has over 20 years of experience. Patrick is an expert No Win No Fee lawyer and well-known for his successful case, Billie Mae Smith v McDonalds. You can learn all about Patrick, his qualifications and his experience as a solicitor here. Get in touch today for free to see how Patrick and the team can help you.

How To Make Faulty Gardening Equipment Claims

Last Updated 22nd November 2024. In this guide, we will discuss faulty gardening equipment claims. If you are employed as a gardener or groundskeeper, you may have to use gardening equipment to carry out certain work tasks. Gardening equipment could present an accident risk if your employer fails to maintain and repair any equipment in a state of disrepair or brokenness. For example, lawnmowers and chain saws should be maintained in accordance with manufacturing guidelines When working equipment is poorly maintained or not maintained at all; it can become defective and lead to accidents.

A man wearing gloves lifting a lawnmower on its side.

Your employer owes you a duty of care whilst you are at work. Therefore, they are responsible for carrying out risk assessments and maintaining the correct health and safety standards in the workplace. If your employer breached their duty of care, and as a result, you are injured in a faulty gardening equipment accident, you could be eligible to claim compensation.

Please contact us at Legal Expert to learn whether you could have the grounds to make a personal injury claim. Our team of advisors is available 24/7 to give you free and confidential legal advice at a convenient time.

To get in touch:

  • Call us on 0800 073 8804
  • Contact us in writing to claim online
  • Or talk to an advisor using the live chat feature in the corner of your browser.

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Faulty Gardening Equipment Claims For Accidents At Work?

Under the Health and Safety at Work etc. Act 1974, employers owe their workers a duty of care while they are carrying out work tasks. The law states that employers must take reasonably practicable steps to ensure the safety of their employees.

For accidents at work faulty gardening equipment claims to be valid they must share a common basis of employer negligence. This is outlined in the following criteria of eligibility:

  • Firstly, your employer owed you a duty of care at the time and place of the accident.
  • Secondly, your employer breached their duty of care.
  • Finally, as a result, you sustained injuries.

As we move through this guide, we will explain how an employer could breach their duty of care and what injuries you could sustain in a gardening accident at work. Additionally, we will explore compensation brackets for various injuries as a guide to settlement figures.

If you are left with any questions regarding faulty gardening equipment claims, please get in touch with us today. Our advisors are both experienced and knowledgeable.

How Could Faulty Gardening Equipment Accidents Happen?

Lots of pieces of gardening equipment have sharp-bladed, sharp edges or motorised cutting mechanisms. Hence, it is vital that the employer trains employees on how to use such equipment safely, provide any personal protective equipment when risks cannot be reduced, and supervise tasks where necessary. Therefore, should an employer fail in their duty of care, a gardener could suffer an injury, such as a traumatic finger amputation.

Under The Provision and Use of Work Equipment Regulations 1998 (PUWER), employers have a duty to take reasonably practicable steps to ensure equipment provided at work is safe to use. The equipment must be suitable for the intended purposes and maintained in a safe condition.

Below we provided examples of what could cause a work equipment accident:

  • A lack of maintenance leads to gardening equipment deteriorating and becoming faulty.
  • A gardener or grounds worker is not provided with Personal Protective Equipment (PPE) deemed necessary to reduce the risks of the task they are carrying out.
  • Employees are not provided with any training in the safe use, storage or maintenance of work equipment.

What Injuries Could Faulty Gardening Equipment Cause?

Faulty gardening equipment could potentially cause injuries that range from mild and transient to serious and life-threatening. This may include:

  • Lacerations – caused by a cut from a blade
  • Crush injuries – causing broken bones and organ damage
  • Loss of vision or blindness – if your eyes are struck or penetrated
  • Amputations – such as finger or hand amputation injuries
  • Electrocution injuries – caused by faulty electrical equipment
  • Paralysis injury – caused by a fall from a height due to faulty ladders

If you would like to discuss making a claim for the injuries you sustained due to your employer breaching their duty of care, please speak to a member of our team.

Types Of Gardening Equipment

There may be various pieces of gardening equipment you use at work on a daily basis:

  • Lawnmower
  • Hedge shears
  • Leaf blower
  • Strimmer
  • Mulcher
  • Sprinkler
  • Aerator
  • Rake

Contact one of our advisors to learn more about faulty gardening equipment claims.

Compensation For Faulty Gardening Equipment Claims

If your potential claim is successful, your faulty gardening equipment compensation could possibly be made up of two heads of claim. These two heads of claim are called general and special damages.

General damages will definitely be awarded (if your faulty gardening equipment claim is successful) and compensates you for the way you’ve been physically and psychologically affected from the incident. Some factors that will be considered include:

  • Loss of amenity.
  • Pain severity.
  • The length of the recovery period.

You may be asked, at some point during the faulty gardening equipment claims process, to attend an independent medical assessment. The reports made from this assessment can be used with the Judicial College Guidelines (JCG) when your general damages are being calculated.

The JCG is a document containing guideline compensation brackets for a variety of psychological and physical injuries/illnesses.

Guideline Compensation Table

In the table below, you will find some types of injuries that could possibly be suffered following an accident with faulty gardening equipment. Their accompanying compensation brackets, except for the top one, have been taken from the JCG.

Please bear in mind that because all faulty gardening equipment compensation claims are unique, none of these brackets can be guaranteed.

InjuryGuideline compensation brackets
Multiple serious injuries with special damagesUp to £1,000,000+
Injuries Involving Paralysis - Tetraplegia (a)£396,140 to £493,000
Injuries Involving Paralysis - Paraplegia (b)£267,340 to £346,890
Moderately Severe Injury Resulting from Brain Damage (b)£267,340 to £344,150
Hand Injuries (c)£117,360 to £133,810
Hand Injuries (d)£75,550 to £110,750
Foot Injuries (b)£102,470 to £133,810
Injuries Affecting Sight (e)£66,920 to £80,210
Injuries Affecting Sight (f)£60,130 to £66,920

Special Damages

Special damages might also be awarded and reimburses the financial losses you have incurred due to your injury. This includes:

  • Loss of earnings from not being able to work during your recovery.
  • Medical bills, such as buying prescriptions.
  • Domestic and professional care costs.

Since special damages might not be awarded, providing evidence of your financial losses is essential. Such evidence may be bank statements, payslips, invoices, and receipts.

Please contact us to learn more about how faulty gardening equipment compensation is calculated.

How To Make Accident At Work Faulty Gardening Equipment Claims

To begin your faulty gardening equipment claim, please contact our team of advisors for an assessment of your case. If they find that you have reasonable grounds to make a compensation claim, they may connect you with one of our experienced personal injury solicitors.

What’s more, a solicitor may offer to work on your case under a Conditional Fee Agreement (CFA), which could benefit both yourself and your claim. This type of No Win No Fee agreement involves the following:

  • Generally, you won’t pay upfront or during your claim for the services of a solicitor.
  • Also, if your claim is unsuccessful, you will commonly not pay for their services at any time.
  • On the other hand, in the event your claim is successful, a solicitor working under a CFA can take a small percentage of the compensation, known as a success fee.
  • The law caps the amount a solicitor can take. Therefore, you will not be overcharged.

For advice regarding faulty gardening equipment claims, please get in touch with us using the details below:

    • Call us on 0800 073 8804
    • Contact us in writing to claim online
    • Or talk to an advisor using the live chat feature in the corner of your browser.

Occupational Accident Claims

To learn more about claiming compensation for an accident at work, please take a look at the resources below:

GOV.UK advice on Statutory Sick Pay (SSP)

A guide to outdoor working and sun exposure by the HSE

An NHS guide to amputation injuries

Other Guides Available To Check Out

We hope you have found this guide to faulty gardening equipment claims helpful and informative. If you would like to make any enquiries, don’t hesitate to contact us using the details provided.

Guide By Oxland

Edited By Melissa

Can I Claim For Travel Costs In A Personal Injury Claim?

By Stephen Hudson. Last Updated 9th June 2025. You may be wondering whether you can claim travel costs in a personal injury claim. If so, this guide could help. It will provide information on what your settlement could comprise following a successful personal injury claim.

A personal injury compensation claim can be made if you are able to prove that someone else’s negligence caused you to experience harm. This includes both physical and psychological harm.

a woman in a neck braces learns how to claim travel costs in a personal injury claim with a solicitor

Although it’s difficult to provide an average amount that you could receive, generally, your settlement can include the following heads of claim:

  • General damages which compensate you for the pain, suffering and loss of amenity your injuries caused.
  • Special damages which reimburse you for the necessary expenses associated with your injuries. This includes future expenses.

Your special damages could include your travel expenses if the expenses were necessary costs associated with your injuries.

Contact Us To Learn More About Special Damages In Personal Injury Claims

Please contact our advisors today to see if you can make a personal injury claim. They can advise you on how much compensation you may be eligible to claim. If it’s found that you have a valid basis to make a claim, they can provide a skilled accident at work solicitor to work on your case.

To get in touch, you can:

  • Call on 0800 073 8804
  • You can send your query by filling out our contact us form
  • Chat with an advisor now, using our live support feature.

Select A Section

  1. Can I Claim For Travel Costs In A Personal Injury Claim?
  2. Mobility Aids And Equipment
  3. Claiming For Travel Costs In A Claim Related To Medical Treatment
  4. What Other Costs Could You Be Reimbursed For?
  5. Personal Injury Claim Settlement Amounts – General Damages
  6. How Long Do I Have To Claim For Travel Costs In A Personal Injury Claim?
  7. How To Claim For Travel Costs In A Personal Injury Claim

Can I Claim For Travel Costs In A Personal Injury Claim?

If you’ve been injured as a result of someone else breaching their duty of care, you may be able to make a personal injury claim. A duty of care is a responsibility for someone else’s health and safety. You are owed a duty of care in various scenarios, including:

  • In the workplace, you are owed a duty of care by your employer under the Health and Safety at Work etc. Act 1974. They must take reasonable steps to prevent you from coming to harm while working.
  • All road users owe each other a duty of care while they are using the roads. They must navigate in a manner that prevents causing harm to others and themselves. They must also adhere to the relevant rules within the Highway Code and the Road Traffic Act 1988.
  • Those in control of public spaces, otherwise known as occupiers, owe you a duty of care under the Occupiers’ Liability Act 1957. They must take the necessary steps to ensure your reasonable safety while you are visiting that public space.

In order to make a personal injury claim, you must be able to establish that:

  • You were owed a duty of care.
  • This duty was breached.
  • You suffered physical injuries or a psychological injury as a result.

As part of your claim, you may be able to recoup loss of earnings and travel expenses. For example, if you broke your leg in the accident, you may need to take a taxi to work every day. Or a head injury could require various medical appointments at a specialist centre that you need to take the train to reach.

In both of these cases, you would have had to pay for these travel costs from your own pocket. However, a successful injury claim could help you recoup these losses, along with other out-of-pocket expenses such as medication expenses.

To find out how our specialist personal injury team could help you, get in touch today. Or, read on to learn about how to claim reasonable travel expenses following a personal injury.

Two claimants claim for travel costs in a personal injury claim with a solicitor

Mobility Aids And Equipment

We have established that you can sometimes claim travel costs in a personal injury claim. Other expenses you can claim after an accident include mobility equipment expenses.

This may be applicable if you experienced life-changing injuries and became disabled because of the accident. For example, you may have been involved in a car accident that caused you to sustain a paralysis injury due to another road users negligence.

Below are some examples of types of mobility equipment you may have required:

  • Wheelchair
  • Crutches
  • Hearing aid

Additionally, you may have required adaptations to your car or other vehicle. The cost of this and mobility equipment could be claimed back as part of your compensation.

In order to claim the costs back, you should keep proof, such as receipts.

Claiming For Travel Costs In A Claim Related To Medical Treatment

You can also claim compensation for the costs of any necessary medical treatment you had for your injuries. As such, the special damages head of claim could include travel costs in a personal injury claim related to your medical treatment.

For example, if you attended hospital appointments, you may be eligible to claim compensation for the cost of petrol or car park charges.

Here are some other medical treatment related travel costs that could be part of your injury claim:

  • Mileage
  • Public transport costs
  • Hospital parking charges

A solicitor in a black suit helps a woman make a personal injury claim

What Other Costs Could You Be Reimbursed For?

A claim for travel costs in a personal injury claim could only make up a part of your out of pocket expenses. Financial losses such as these are called special damages and can be claimed if they have been caused by your injury.

To help claim them you will need to provide evidence for them. For example, if you wish to claim loss of earnings, then you could provide wage slips showing a reduction in your earnings.

In addition to loss of earnings and travel costs in a personal injury claim, other special damage items could include:

  • Damaged property
  • Future lost earnings
  • Missed work bonuses
  • Loss of pension contributions
  • Treatment fees
  • Rehabilitation costs
  • Domestic care costs (from friends and family or from paid helpers)
  • Adaptation costs to a home or vehicle

To discuss any aspect of claiming compensation, contact our friendly team.

Personal Injury Claims Settlement Amounts – General Damages

While you may be able to claim for travel costs as special damages in a personal injury claim, it’s important to be aware that it’s only possible to claim for any special damages if you are eligible to claim general damages. General damages in a personal injury claim are meant to compensate for the pain and suffering your injuries have caused.

The amount of compensation you may be offered for general damages when you make a personal injury claim varies from case-to-case. However, when legal professionals are valuing this head of claim, they may refer to the Judicial College Guidelines (JCG) for guidance. This document provides a list of guideline compensation brackets for various injuries at different severity levels.

We have used some of the amounts listed in the 16th edition of this document for the table below. Please only refer to it as a guide. Please note that the first entry does not come from the JCG.

InjuriesSeverityCompensation
Multiple Severe Injuries And Special DamagesSeriousUp to £1,000,000+
Brain InjuryVery Severe£344,150 to £493,000
Moderate (i)£183,190 to £267,340
Pelvis & HipsSevere (ii)£75,550 to £95,680
Severe (iii)£47,810 to £64,070
ShoulderSerious£15,580 to £23,430
Moderate£9,630 to £15,580
ElbowModerate or Minor Injury (iii)Up to £15,370
WristAn uncomplicated Colles fracture.In the region of £9,070
HandLoss of the Ring or Middle Finger£4,820 to £9,610

For more information regarding claim general and special damages as part of a personal injury claim, you can contact our advisory team.

How Long Do I Have To Claim For Travel Costs In A Personal Injury Claim?

Typically, you will have 3 years to claim for travel costs in a personal injury claim. This limitation period usually begins from the date on which the injury ocurred. This is established under the Limitation Act 1980.

However, the time limit for a personal injury claim may apply differently if the injured party is:

  • Mentally incapacitated
  • Below the age of 18

Here, the time limit can be frozen. This is due to the fact that a person cannot make the decisions that are required of a personal injury claim under these circumstances. Once the injured person either reaches their 18th birthday or recovers their mental capacity, the 3-year limitation period may begin. 

Additionally, there is an option for eligible family members or loved ones to represent the personal injury claim on behalf of someone who cannot represent themselves. This role is referred to as a litigation friend. In order to act as a litigation friend, you will need to communicate with the solicitor and make attempts to understand the wishes of the injured person. 

If you have any questions about the legal time limit or how to represent a claim for someone else, our advisors can help. They can also explain any other queries you may have about special damages and travel costs, so why not speak with them today?

How To Claim For Travel Costs In A Personal Injury Claim

You can claim travel costs in a personal injury claim by hiring an experienced solicitor who offers No Win No Fee services. Our solicitors work under a Conditional Fee Agreement which means you won’t be expected to pay an upfront fee for their services.

Additionally, you won’t need to pay for your solicitors services if the claim fails. If the claim succeeds, you will need to pay a success fee from your compensation. This fee is outlined in the agreement you sign before your claim proceeds. However, it is subject to a legal cap.

To find out whether you can work with one of our solicitors on this basis, our advisors can help. They can assess your case, and if they find you have legitimate grounds to claim compensation, they can connect you with one of our experienced personal injury solicitors.

To get in touch, you can:

  • Call on 0800 073 8804
  • Send your query by filling out our contact us form
  • Chat with an advisor now, using our live support feature.

A solicitor in a dark suit writes in a file behind a black gavel

Learn More About What You Could Claim

Below, we have provided some additional resources that you may find helpful. This includes some of our other guides on claiming compensation and external resources.

We hope our guide on making a claim for travel costs in your personal injury claim has helped. However, if you need any other information, get in touch on the number above.

Could I Sue Amazon In The UK?

Could I Sue Amazon In The UK Guide

Could I sue Amazon in the UK? A guide

Every employer in the UK has a responsibility to protect the health and safety of their staff. If there are reasonably practical actions they can take to protect their staff’s safety, they have a responsibility under work safety legislation to take them.

If you as an employee were injured, because of unsafe working conditions, then you could be eligible to make a personal injury claim. This is a guide to making accident at work claims. We’ll look to answer the question, “in what potential circumstances could I sue Amazon in the UK?”.  

This guide will inform you about what you need to know when making a personal injury claim and show you what will be important to building a successful case. It will explain the time limits involved and factors that can help you. We’ll also explain to you how to get in touch with a personal injury solicitor to represent you. 

You can also speak to one of our advisers directly. They offer free legal advice and can discuss your claim with you. You can speak to them now by 

Select A Section 

  1. Types Of Workplace Accidents 
  2. Does Amazon In The UK Owe A Duty Of Care? 
  3. What Evidence Do You Need To Support A Claim? 
  4. Is There A Time Limit To Sue Amazon In The UK? 
  5. How Much Compensation Could I Claim In The UK 
  6. Find Out If You Could Sue Amazon In The UK 

Types Of Workplace Accidents 

Employees are protected by workers’ health and safety legislation such as the Health and Safety at Work etc. Act 1974 (HASAWA). Under these pieces of legislation, employers have a responsibility to make sure that any work they assign, and any environment they ask an employee to work in, had been made as safe as is reasonably practical. 

If an employer does not take necessary actions to safeguard employees, then they can be found liable for an injury caused by this negligence. In the case of warehouse accidents for example, an employer could be found liable for an injury if they failed to: 

  • Perform a risk assessment: Risk assessments are a requirement under HASAWA. These are risk assessments on the environment, the work tasks and any provided equipment. An employee, for example, could be injured by defective equipment because of a lack of safety checks. 
  • Provide training: Employers have a responsibility to make sure that employees are suitably trained before they are assigned to tasks that could pose a risk to their health. An employee, for example, could cause an injury to themselves or their colleagues, if they are operating a forklift they are not suitably qualified to operate. 
  • Provide safe equipment: Any necessary safety equipment should be provided and in working order. Hard hats, for example, can be a requirement in warehouses. 
  • Address safety hazards: Any safety concerns presented to an employer should be addressed. Examples are concerns about a colleague’s aggressive behaviour or the safety of provided equipment. 

These are examples of actions employers are expected to take to provide a safe working environment. If you suffered an injury because of a lack of similar actions, and you have evidence to clearly demonstrate this, then please speak to an adviser. They can answer questions such as “can I sue Amazon in the UK?”.  

Does Amazon In The UK Owe A Duty Of Care? 

Every employer owes a duty of care to their employees. This means that employers have a responsibility to take any necessary, practical and required actions that can help ensure the health and safety of their employees while they are at work. 

Failing to sufficiently carry out this responsibility, is seen as negligence and a breach of their duty of care. 

If an employer is negligent in this duty, and an employee suffers an injury as a result, then the employee can be eligible to make a personal injury claim. 

Please speak to one of our advisers for information on when it might be appropriate to sue Amazon in the UK. 

What Evidence Do You Need To Support A Claim? 

You may be wondering, “if someone were to sue Amazon in the UK, what evidence could be used to support the claim?”. You can provide evidence on the cause of the accident and evidence showing how you were injured.

For the cause of the injury, you can collect evidence such as: 

  • CCTV (or similar recordings): You can collect recordings of your accident, or the hazard that caused your injury 
  • Work documents: Documents that could show your employer was not fulfilling health and safety requirements (e.g. providing necessary personal protective equipment) 
  • Witnesses: You can collect the contact details of witnesses to your accident who can provide statements at a later date

For evidence of the injury, you can collect: 

  • Medical reports of your injury: The treatment you receive and medical records from your GP can act as evidence. You might also be invited to an independent medical assessment, the report from which can be used to support your claim. 
  • Records of financial losses: You should maintain evidence of any financial losses caused by your injury. This can include receipts for costs you’ve spent towards treatment or payslips showing a loss of income. 

A personal injury solicitor can help advise you on the evidence you would need specifically in your claim. Get in touch with an advisor today to see if you could be connected with a solicitor. 

Is There A Time Limit To Sue Amazon In The UK? 

There is a time limit to making a personal injury claim for negligence. As per the Limitation Act 1980, your time limit will either be three years from the date of your accident, or three years from the date you learned about your injury.  

There are exceptions to the time limit, such as: 

  • If you were under the age of 18; in which case, your time limit will begin from the date of your 18th birthday. While you’re underage, a litigation friend can claim for you and no time limit applies. 
  • If you were lacking mental capacity during this period; a litigation friend can claim on your behalf at any point. While you lack the mental capacity, no time limit applies to starting the claim. 

You could potentially be able to sue Amazon in the UK if they were to breach their duty of care and you had clear evidence that this directly led to your injuries. Speak with an advisor for more information. 

How Much Compensation Could I Claim In The UK 

If someone were to sue Amazon in the UK, what could their settlement consist of? Compensation in personal injury claims can be made up of two heads of claim. 

The first head of claim is general damages. This is the amount of compensation you are awarded for the injury you had suffered, and the pain and distress it has caused you.  

While the figures in the table below will not be an exact reflection of what you are awarded, we have included a selection of injuries and their general damage awards to illustrate this type of damages. The figures in the table come from the Judicial College Guidelines, which is a publication that legal professionals use to help them value claims. 

 

Edit
Injury Notes Award
Severe Back Injury (iii) Continuing pain from a fracture or soft tissue injury £38,780 to £69,730
Moderate Back Injury (ii) Continuing back pain from a muscle injury £12,510 to £27,760
Serious Shoulder Injury A dislocated shoulder causing pain and restricted shoulder movement £12,770 to £19,200
Moderate Shoulder Injury A frozen shoulder with limited movement persisting for 2 years £7,890 to £12,770
Hand Injuries: (e) Serious injuries that greatly diminish a hand’s function £29,000 to £61,910
Hand Injuries: (f) Serious finger fractures Up to £36,740
Severe Leg Injuries: (iii) Open fractures with a lengthy recovery period £39,200 to £54,830
Severe Leg Injuries: (iv) Complicated fractures with future risks of complications £27,760 to £39,200
Serious Achilles Tendon Injuries A ruptured tendon leaving remaining effects £24,990 to £30,090
Moderate Achilles Tendon Injuries A partial rupture of the tendon £12,590 to £21,070

 

The second head of claim is special damages. This is the amount of compensation you would seek for the financial losses caused by your injury.  

This can cover: 

  • Loss of earnings 
  • Costs towards treatment 
  • Adaptations you need to cope with your injury 

It is important to know as much as you can about the injury, as you cannot go back and claim again if something was missed from your case the first time. For this reason, you might want to work with a No Win No Fee lawyer. 

Our advisers can value your claim and give you an estimate of the compensation you could be awarded if you had a valid case,

Find Out If You Could Sue Amazon In The UK 

Please reach out to one of our advisers if you are looking for information about making a claim. 

Our advisers can: 

  • Value your claim 
  • Offer you advice on collecting evidence
  • Connect you with a No Win No Fee solicitor from our panel

Our solicitors handle accident at work claims on a No Win No Fee basis. This means their payment is dependent on the success of your claim.

You will not have to pay an upfront fee and you will not have to make any ongoing payments. Their payment only comes as a success fee, which has a legal cap in place and can only come as a percentage of your compensation. If you are not awarded compensation, you do not have to make this payment. 

To see how a No Win No Fee solicitor can help you, please speak to one of our advisers by 

Learn More About How To Sue Amazon In The UK For An Injury 

Other resources you might find useful include: 

Thank you for reading our guide to when it could be appropriate to sue Amazon in the UK for an injury. Other guides we offer include: 

Claiming Compensation As An Agency Worker

Claims For Suffering Stress At Work

Manual Handling Injury Claims

Written by Charles

Edited by Stocks

No Helmet Was Provided At Work – Can I Claim For A Head Injury?

Did you suffer a workplace injury because no helmet was provided at work? Did your employer fail to provide you with sufficient personal protective equipment (PPE) and did this make injuries from an accident more serious than they could have been? Inadequate provision of preventative safety wear may have directly worsened your injuries, or absence caused the injury to occur, if so, this guide offers help.

No helmet was provided at work injury

No helmet was provided at work injury claims guide

Accidents at work cannot always be avoidable even in the best-run businesses. But laws in the UK apply a duty of care on employers to portect their employees as much as is practicably possible.

We look at the evidence needed to support a claim for compensation based on negligence and how legal representation in the form of a No Win No Fee solicitor could help. If you would prefer to speak with our advisors for a free, no-obligation assessment of your claim right now, simply:

  • Get in touch by calling our team on 0800 073 8804
  • Contact us online and we can call you back
  • Or access immediate free advice through our live support option, bottom right

Select A Section

  1. Why Is Personal Protective Equipment Important?
  2. Given Incorrect PPE?
  3. What Standards Does PPE Need To Meet?
  4. Head Injuries Caused By No Helmet Being Provided At Work
  5. No Helmet Was Provided At Work, What Can I Claim?
  6. No Helmet Was Provided At Work, Can I Claim Against My Employer?

Why Is Personal Protective Equipment Important?

Without the necessary safety helmet (or in instances where the employee failed to wear it) a head injury can be much worse, potentially leading to life-altering health problems. Personal Protective Equipment (PPE) is a very important way for employees to be safeguarded from hazards as they perform their job roles.

It is also a vital way for employers to demonstrate that they take employees’ health and wellbeing seriously and comply with the Health and Safety At Work etc Act 1974. With this in mind, PPE must be provided (where a risk assessment has deemed it appropriate) free of charge to employees at work.

A personal injury claim against an employer may not be valid if the company can prove they provided the appropriate safety helmets needed for that job. If they stressed to the employee the importance of wearing them in accordance with health and safety and the employee failed to wear them, then depending on the circumstances the employee may be responsible for their own injury.

People Injured At Work

The statistics below list the number of non-fatal head injuries reported under RIDDOR during 2020/21:

Given Incorrect PPE?

Obviously, PPE is only truly adequate if it is appropriate to the task. With this in mind, at the start of a claim for negligent health and safety standards at work, it’s important to ask three questions to give a claim a solid foundation:

  • Who actually had the duty of care for your safety at the time and place of the accident and injuries?
  • Did they permit a breach of that duty by providing inadequate, inappropriate or completely absent PPE?
  • Did you suffer direct harm as a result?

Perhaps the safety helmet was too large or too small? Was it faulty or poorly maintained? Ascertain exactly how the PPE failed to protect you. With these key facts in place, you may be in a much better position to prove that negligent health and safety practices and a failure to provide PPE as outlined in law put you at an increased risk of harm. If you would like to discuss this in person, our team are happy to take your call.

No Helmet Was Provided At Work

Depending on the exact nature of your profession, requiring a worker to perform a task without a safety helmet could be negligence on the part of the employer. Falling debris, collision with blunt or sharp objects or injury from falling all become much greater risks without a helmet. It is fair to point out that only certain industries require employees to wear a safety helmet.

What Standards Does PPE Need To Meet?

PPE must comply with the Personal Protective Equipment Regulations 2002 which describes the acceptable standards that all PPE used must meet. The Personal Protective Equipment at Work Regulations 1992 has also been recently updated on the 06th April 2022, The Personal Protective Equipment at Work Regulations 2022, looks to extend the PPE regulations to casual workers. Meaning workers that were not protected under this Act before are now.

Head Injuries Caused By No Helmet Being Provided At Work

What kind of injuries could be the consequence of a scenario where no helmet was provided at work? If you work in an environment such as construction or demolition, not wearing a helmet can put you at much greater risk of:

  • Greater head injury
  • Concussion
  • Brain damage
  • Facial injuries
  • Minor cuts and abrasions to the head
  • Skull fractures
  • Severe head and traumatic brain injury (TBI)
  • Coma and death.

No Helmet Was Provided At Work, What Can I Claim?

It can be possible to claim two types of damages in a personal injury claim against a negligent employer. General damages are amounts that are calculated by taking the results of an independent medical assessment of your injuries. The Judicial College Guidelines (16th edition, published in April 2022) excerpt below demonstrates what award brackets might be applied to varying degrees of head injury:

Edit
Type of Head Injury Severity and JC Guideline Award Bracket Supporting Details
Injury Resulting From Brain Damage (a) Very Serious Level – £282,010 to £403,990 Basic motor skills remaining, no language and need for 24/7 professional care
Injury Resulting From Brain Damage (b) Moderately Severe Level – £219,070 to £282,010

 

Profound disability with substantial reliance on others. Cognitive and sensory problems and markedly impaired intellect
Injury Resulting From Brain Damage (c) Moderate (i) – £150,110 to £219,070 Intellectual deficit with impact on sight and speech as well as significant risk of epilepsy
Injury Resulting From Brain Damage (c) Moderate (ii) – £90,720 to £150,110 Capacity for work afterwards is greatly reduced or removed completely
Injury Resulting From Brain Damage (c) Moderate (iii) – £43,060 to £90,720

 

Impact on concentration and memory with reduced ability to work
Injury Resulting From Brain Damage (d) Less Severe – £15,320 to £43,060 Overall good recovery with only minor persisting issues with concentration, memory or mood
Injury Resulting From Brain Damage (e) Minor Injury – £2,210 to £12,770

 

Minimal brain damages if any at all.
Epilepsy (a) £102,000 to £150,110

 

Injuries that result in an established Grand Mal
Epilepsy (b) £54,830 to £131,370 Injuries that cause an established Petit Mal
Other Epileptic Conditions (c) £10,640 to £26,290 Epileptic episodes or a temporary resurgence of epilepsy

Loss of amenity, pain and suffering are acknowledged in this way. A secondary head of damages called special damages takes evidence of financial harm as its basis for calculation. After a serious head injury at work, it’s possible to be presented with a wide array of expensive challenges. These often require immediate funds to deal with. For example, you may experience:

  • A loss of earnings from missed work
  • Expensive medical costs
  • The need to pay for long-term procedures such as speech therapy
  • Problems coping in your home that need expensive modifications to fix
  • Difficulties returning to your original employment and need to retrain

A personal injury solicitor can help you track and calculate out-of-pocket costs. This can be done in a way that is realistic and as accurate as possible. With this in mind, speak to our team today to see how you can ensure your compensation claim includes everything. Also, a claim can only be made once and must be within the applicable time limit.

No Helmet Was Provided At Work, Can I Claim Against My Employer?

The perceived costs of legal representation may be discouraging you which is where a No Win No Fee agreement could help. Also referred to as Conditional Fee agreements, this is a contract made with a personal injury solicitor on the understanding that there is no charge to you unless your claim wins. A maximum 25% deduction from the payout is then due.

This means a claimant does not have to worry about upfront fees. In fact, if the personal injury claim loses, there are no fees needed to be paid to the No Win No Fee solicitor.

To learn more,

  • Get in touch by calling our team on 0800 073 8804
  • Contact us online
  • Or access immediate free legal advice through our live support option

Head Injury Claim Resources

If no helmet was provided at work and it either permitted or worsened a head injury, the guides below offer further reading on similar claims for compensation:

Below, you can find a list of guides which may tell you more about accident at work claims:

Guide By Waters

Edited By Melissa.

Adoption Data Breach Compensation Claims | Scotland’s People Data Breach Advice

By Danielle Jordan. Last Updated 3rd March 2024. A child adoption data breach can have a destabilising effect on the people who were involved. Often putting the families and the vulnerable children at risk. If you or your family have been impacted by a child adoption data breach, get in contact with us today. 

This guide will have information on what you can do if you have been impacted by a data breach, as well as what could cause a breach to happen. We will also look at some different examples of data breach compensation and what evidence is needed to make a personal data breach claim.

We also take a look at the recent Scotland’s People data breach. The Scottish government-owned website recently published the names of every adopted person in Scotland and we look at what you can do if you’ve been affected.

To see if you could claim data breach compensation, get in contact with us today. Our advisors are ready to talk to you about your claim and could connect you to one of our data breach solicitors. You can contact us 24 hours a day, 7 days a week. 

Get in contact with us today:

  • Website – Use our online form
  • Live Chat – Message us through this feature
  • Phone – 0800 073 8804 

Child Adoption Data Breach Compensation Claims

Child Adoption Data Breach Compensation Claims Guide

Select A Section

  1. What Is A Child Adoption Data Breach?
  2. The Scotland’s People Adoption Data Breach
  3. Laws That Protect Children’s And Parent’s Personal Data
  4. How Could A Child Adoption Data Breach Happen?
  5. Examples Of Child Adoption Data Breach Cases
  6. What Can Be Claimed In A Child Adoption Data Breach?
  7. Start A Data Breach Claim With A No Win No Fee Solicitor

What Is A Child Adoption Data Breach?

When researching about child adoption data breaches you may be wondering what is meant by the term data breach. There are laws in this country that protect specific types of data. Any information that can be used to identify you is protected. So, a personal data breach is when personal information is lost, stolen, destroyed, or altered in a security incident. This identifiable information can also be disclosed or accessed without authority leading to a personal data breach. A personal data breach can be deliberate or accidental. 

There are some additional terms it may be useful for you to know as you progress through making a claim. 

  • A data subject – is a person whom a data controller processes information about 
  • A data controller – is an organisation that collects the data from the data subject and then determines how that data is used
  • A data processor – is a third party who processes data on behalf of the data controller. 

There are also time limits when it comes to making a claim for a data breach. These time limits are usually, a 6 year period. It is reduced down to a year for claims against public bodies. 

For more information on time limits and how they could affect your child adoption data breach claim. Talk with one of our advisors today. 

The Scotland’s People Adoption Data Breach

The Scotland’s People site, a genealogy site owned by the Scottish government, has recently published the details of Scottish adoptees going back almost 100 years, with the most recent names having been adopted as late as 2022. The site is operated by National Records of Scotland (NRS), which is an arm of the government.

The details included the adoptees’ first names, their adoptive surnames, and reference numbers that revealed they were on the adoption register. This information was taken down after 36 hours by the NRS after the mother of an adopted child made a complaint.

How Could The Scottish Government’s Adoption Data Breach Impact People?

The publication of this information could have a significant impact on many families. One mother affected voiced fear that this could allow people to “track down” adopted children by searching their adopted name, which is often shielded through the court process. Similarly, this could cause significant emotional distress to adults and young adults who had no prior knowledge that they were adopted.

Can I Claim Compensation For The Scotland’s People Data Breach?

While the NRS has disputed that the publication of these records constitutes a personal data breach, you may be able to make a claim if your adoption information was made public. As we’ve already mentioned, in order to claim adoption data breach compensation, you must be able to prove that an organisation engaged in wrongful conduct, allowing your personal data to be compromised and causing you harm.

If you’ve suffered harm as a result of a Scottish government adoption data breach, contact our team of advisors today. They can offer more information on data breach compensation claims.

Laws That Protect Children’s And Parent’s Personal Data 

There are two main laws in this country that protect a data subject’s personal data. The UK General Data Protection Regulation UK GDPR and the Data Protection Act 2018 both seek to ensure that data controllers act accordingly and within the rights of the data subject when processing personal information.

These laws protect any data that is personal to the data subject and what can be used to identify them. These can be things such as your name, address, and telephone number. They also have determined data that can be classed as sensitive such as a person’s ethnic origin, health information or sexual orientation. This data is classed as special category data and needs even more protection.

Get in touch with us today, our advisors are ready to help you with your child adoption data breach claim. You can ask any questions you need to ask.

How Could A Child Adoption Data Breach Happen?

Some data breaches can be caused by human error. An example of this could be the child’s new address sent to the birth parents in error. This information could include the home address and names of the adoptive parents. The child could have been removed from their birth parents due to neglect. This could put both the child and their adoptive parents at risk. 

Another example could be if during the adoption process the biological parents, adoptive parents or child’s personal details were discussed with parties that had no authority to have access to this information. A personal data breach could also be caused if such data is posted, faxed or emailed to the wrong recipient. 

For more information about how a child adoption data breach could happen, contact us today. Our advisors can be contacted through the details at the top of the page. 

Examples Of Child Adoption Data Breach Cases

It was reported that the details concerning adoptive parents and children who had been adopted had been leaked. Newcastle Council sent out a party invitation that seemed to leak the information. 2,743 individuals’ information was sent to 77 recipients through an email attachment by mistake. Names, addresses and dates of birth were included in the information that was leaked. 

Source:https://www.bbc.co.uk/news/uk-england-tyne-40637168

What Can Be Claimed In A Child Adoption Data Breach?

A compensation calculator is a tool that you can use to self-value your claim. Keep in mind that the evaluation from the compensation calculator may change when a data breach solicitor values your claim.

All claims are different, varying greatly depending on the circumstances, severity and impact of the injuries you have been subjected to. 

The table below has information from the Judicial College. Figures were collected from the 16th edition of the guidelines that they produced in April of 2022.

Edit
Types of psychological injuries Brackets for compensation Injury description
Psychiatric Injury: Severe £54,830 to £115,730 Symptoms have a large impact on the functions of daily life.
Psychiatric Injury: Moderately Severe £19,070 to £54,830 There will have been major issues at the out set but some recovery is possible.
Psychiatric Injury: Moderate £5,860 to £19,070 A good recovery. Although, some symptoms remain.
Psychiatric Injury: Less Severe £1,540 to £5,860 A full recovery is very likely.
PTSD: Severe £59,860 to £100,670 An effect that is long-lasting or permanent on the person.
PTSD: Moderately Severe £23,150 to £59,860 Symptoms are significant but can improve with professional help.
PTSD: Moderate £8,180 to £23,150 A good recovery, however, there would be some lingering effects.
PTSD: Less Severe £3,950 to £8,180 A full recovery may be achieved.

Types of Damages 

There are two forms of damage. These are: 

  • Non-Material damages
  • Material damages

In 2015, the Court of Appeal heard the case of Vidal-Hall and Others v Google [2015]. This case was concluded with the claimants being able to claim for non-material damage without having to also claim for material damages. 

Non-Material Damages

Non-material damages are when the claimant has suffered mental or psychological injuries because of a data breach. For non-material damages, you may be asked to attend a medical assessment. This is to determine the impact of your injuries and their severity. The table above has a selection of the different forms that mental harm can take, along with their severity. 

Material Damages

Alternatively, material damages are when the claimant has suffered a loss of finances. You will need to provide evidence of any financial impact the data breach has had on you. 

Get in touch with us today, our advisors are ready to help you.

Start A Data Breach Claim With A No Win No Fee Solicitor

If you are eligible to seek child adoption data breach compensation, you may like to instruct a solicitor to work on your claim. One of our specialist data protection breach solicitors could help. They typically provide their services under the terms of a Conditional Fee Agreement (CFA). This is a type of No Win No Fee arrangement.

When your solicitor works under a CFA, they generally won’t ask for an upfront payment to cover their services. They also don’t ask for ongoing service payments. You also won’t be asked to pay for their work on your case if you are not awarded compensation following an unsuccessful claim.

However, if your claim for a data breach has a successful outcome, your solicitor will take a success fee from your awarded compensation. The amount that can be taken as this fee is a percentage that is capped by the law.

To find out if you are eligible to claim for a breach of the UK GDPR involving your personal data, get in touch with an advisor. If it seems like you have valid grounds for starting a claim, they could pass you onto one of our solicitors.

To speak to an advisor:

  •       Fill in our ‘contact us’ form for a call back.
  •       Ask a question in our live webchat.
  •       Call 0800 073 8804

Related Data Breach Resources 

Across Legal Expert, there is a wide range of articles and guides that you could look through, however, we have gathered some relevant information that could expand your knowledge. 

Additionally, we have collected some external resources as well for you to have a read through. 

Furthermore, if you need any further advice on a child adoption data breach, contact us today.

Sharps And Needlestick Injuries And Hepatitis B – How To Claim

This guide aims to explain how to claim compensation for sharps and needlestick injuries. These kinds of injuries could cause people to contract diseases such as Hepatitis B

If you experienced this as a result of negligence, then you could be entitled to claim. This guide will look at the duty of care you’re owed and how this can be breached.

Furthermore, this guide will explain how to make a personal injury claim and the conditions that will affect eligibility. We’ve also included information on how to estimate the value of your claim using some examples.

You can reach us for more detailed guidance that considers your specific circumstances. You can reach us in the following ways:

Sharps and needlestick injuries

Sharps and needlestick injuries claim guide

Select A Section

  1. Who Could Suffer Sharps And Needlestick Injuries?
  2. Why Needlestick Injuries Are Dangerous
  3. Blood-Borne Viruses Transmitted By Needlestick Injuries
  4. Could I Claim For Injuries Caused By Sharps And Needlestick Injuries?
  5. Sharps Injuries Compensation Calculator
  6. How To Claim For Sharps And Needlestick Injuries

Who Could Suffer Sharps And Needlestick Injuries?

People in certain job roles are at a higher risk of accidents resulting in needlestick injury than others. For example, if you’re a nurse who works in a setting where needles and sharp instruments are used often, then you may be more likely to sustain this kind of injury than someone working in an office environment. 

The Control of Substances Hazardous to Health Regulations (COSHH) 2002 outlines how chemical and biological materials should be handled and disposed of. Employers need to act in line with this in order to adhere to the duty of care that they owe. Furthermore, the Health and Safety at Work etc. Act 1974 outlines the general duty that employers have to safeguard their workers as much as reasonably practicable. 

Not all needlestick injuries will be grounds for a successful compensation claim. For example, if you injure yourself on a sharp instrument because you picked it up without concentrating on what you were doing, then this would not be the result of negligence. Because of this, you would not be able to claim.

Is Hepatitis B Common In The UK?

The UK falls into the lowest bracket in terms of prevalence according to the world health organisation. The virus affects only 0.1% to  0.5% of the UK population according to the HSE.

Why Needlestick Injuries Are Dangerous

Sharps and needlestick injuries could be potentially dangerous and may lead to serious injuries or illnesses. The main risk is the possibility of being infected with blood-borne diseases. 

A blood-borne disease can be fatal. For example, you could contract HIV,  which can then lead to an acquired immune deficiency syndrome (AIDS). AIDS can be fatal and cause damage to your organs. Other viruses which may be causes of concern are Hepatitis B and Hepatitis C.

You might experience psychological injuries such as post-traumatic stress disorder as a result of thinking you could have contracted a blood-borne disease, even if you don’t actually have it. For instance, if you think you’ve contracted HIV through a needlestick injury, then you will usually have to wait 2-4 weeks before you’re tested. Even if this test is negative, you could experience emotional pain and suffering in this interim. You could be compensated for this if the initial injury was caused by negligence.

For more information on the circumstances that could entitle you to pursue a claim, speak with an advisor today.

Blood-Borne Viruses Transmitted By Needlestick Injuries

Body fluids are to be handled with care due to the risk of transmission of blood-borne diseases. These are some blood-borne viruses that could get transmitted by needlestick injuries:

  • West Nile virus (WNV)
  • Malarial parasites
  • Human T-lymphotropic retroviruses
  • Transfusion-transmitted virus (TTV)
  • Epstein-Barr virus (EBV)
  • Prion agents, for example, are those that are linked with TSEs.
  • Cytomegalovirus (CMV)
  • Hepatitis D

Hepatitis B

Hepatitis B is an infection caused by a virus. It can be spread through blood and other bodily fluids. If you suspect you’ve been infected with hepatitis B within the last few days, you can be given treatment to stop you from becoming infected. 

Hepatitis B affects the liver, and if it’s left untreated for a long period of time can cause liver problems. This could include cirrhosis or liver cancer.

Could I Claim For Injuries Caused By Sharps And Needlestick Injuries?

In order for your claim to be valid, you need to prove that:

  • You were owed a duty of care; 
  • This duty of care was breached; and 
  • The breach caused you harm

You should provide evidence in support of your claim; a personal injury lawyer could help you with the process of collecting this. The evidence you could provide in support of your claim could include:

  • Medical records. For example, the details of any tests you’ve had to take could support your claim.
  • CCTV footage, if relevant
  • An accident book report. If your workplace employs more than 10 people, you should have an accident book on site. Fill this out after the injury, and the report could be used to support your claim.

For more information on the evidence you could provide in support of your claim, speak with our advisors today. They’ll be happy to offer you free legal advice about the process of claiming.

How Long Do I Have To Claim For A Needlestick Injury Causing Hepatitis B?

If you are interested in making a needlestick injury compensation claim after contracting hepatitis B, it’s important to be aware of the time limits in place. The time limit for making a needlestick injury claim is generally three years from the date of your injury, as set out by the Limitation Act 1980.

The time limit doesn’t begin until the claimant turns eighteen. Because of this, those who were injured while under the age of eighteen may have longer than three years to begin their claim. However, a litigation friend can still claim on their behalf while the time limit is frozen.

Similarly, a litigation friend can claim on behalf of those who lack the capacity to claim for themselves. In these cases, the time limit is suspended indefinitely and only reinstates if the claimant regains the needed capacity. 

Our team are here to help if you’d like to learn more about the time limits for making a needlestick injury claim and the value of working with a No Win No Fee solicitor. Get in touch today to learn more.

Sharps Injuries Compensation Calculator

If you make a successful claim, your compensation could consist of general damages and special damages.

General damages cover the pain and suffering caused by your needle injury. The general damages would cover physical as well as emotional pain. On the other hand, special damages recover financial losses due to your injury.

For example, if you couldn’t work because of your injuries, you could recover the loss of earnings. Any prescription costs and transportation costs due to your injury can also be covered under special damages.

Legal professionals can use the Judicial College Guidelines (JCG) to assist them in valuing claims. Related injuries and their corresponding compensation, which we’ve used to create the table below, have been taken from the April 2022 version of the JCG.

Edit
Injury Notes Amounts
Kidney Where both kidneys are lost or damaged permanently £169,400 to
£210,400

Kidney Where there is a significant risk of total loss of natural kidney function. Up to £63,980
Kidney Loss of one kidney without the other being damaged. £30,770 to
£44,880
Spleen Loss of spleen, ongoing risk of infection because of the impact on immune system £20,800 to
£26,290
Spleen The ongoing risk of internal infection is minimal or not present £4,350 to
£8,640
Death Full awareness for a short period before fluctuating consciousness for 4-5 weeks before death within 3 months £12,540 to £23,810
Mental anguish Fear of impending death or of life expectancy being reduced £4,670
Mental damage Moderately severe harm, entailing significant problems with all areas of life with a more optimistic prognosis than in more serious cases. £19,070 to £54,830
Mental damage Moderate harm, entailing the sort of problems with all areas of life; however, improvement will be good. £5,860 to £19,070
Mental damage Less severe harm; the level of award will consider the length of period of disability among other things. £1,540 to £5,860

For a more accurate assessment of the value of your claim, speak with an advisor today. They can offer you free legal advice.

How To Claim For Sharps And Needlestick Injuries

If you’d like to have a lawyer working on your claim, but are worried about affording legal representation, one of our solicitors could represent you on a No Win No Fee basis. This could include you being offered a Conditional Fee Agreement (CFA). 

A CFA could be cost-effective compared to paying your solicitor in the usual way because you do not need to pay upfront or ongoing legal fees. Additionally, you will not pay your lawyer for their services if your claim is unsuccessful.

If your claim is successful, a small percentage of your compensation will be deducted by your solicitor. The percentage that can be taken is capped by law, to ensure you retain most of your compensation. 

Using a legal firm with years of experience may make your claims process run more smoothly. You can reach us in any of these ways:

If you’d like to learn more about personal injury claims, head here:

External resources:

HSE Overview Of Sharps Injuries 

For more information on claiming for sharps and needlestick injuries that were caused by a breach of duty of care, please get in touch with our advisors today.

How To Make A Window Cleaner Personal Injury Claim

By Cat Way. Last updated 4th March 2024. In this window cleaner accident claims guide, we discuss the process of making a window cleaner personal injury claim. If you’re a window cleaner whose employer breached the duty of care that you were owed, and this led to you being injured on the job, then you might be able to claim.

In this guide, we’ll look at the process of making a claim if your injury was caused by the negligence of your employer. We’ll also examine how a No Win No Fee agreement could benefit you from claiming.

You can get in touch with our team right now to discuss your window cleaner personal injury compensation claim if you prefer. Find out through a free assessment exactly what you could be owed in compensation.

Window cleaner personal injury

Window cleaner personal injury claims guide

Select A Section

  1. A Window Cleaner Accident Claims Guide
  2. Health And Safety When Cleaning Windows
  3. Liability For Window Cleaner Accidents
  4. Examples Of Window Cleaning Accidents
  5. What Evidence Can Help Me Prove A Personal Injury Compensation Claim?
  6. Personal Injury Compensation Payouts For A Window Cleaner Accident
  7. How To Make A Window Cleaner Personal Injury Claim

A Window Cleaner Accident Claims Guide

Window cleaner personal injury claims rely upon being able to demonstrate that employer negligence caused your injuries. When you’re at work, your employer has a duty of care to ensure your safety as much as is practicable.

There are two pieces of legislation that require your employer to extend a duty of care to your safety and wellbeing as far as reasonably practicable while at work. Firstly, the Health and Safety At Work etc Act 1974 obliges all employers in Britain to reduce or remove hazards to their employees as much as they practicably can.

Another piece of legislation relating to working at heights called the Work at Height Regulations 2005 may be applicable to you as well. This outlines how employers should safeguard those who work at a height.

For more information on the duty of care you’re owed in the workplace, and how this can be breached, speak with an advisor today. If you have a valid claim, you could be connected with one of our No Win No Fee solicitors.

Health And Safety When Cleaning Windows

There are several steps that your employer should take in order to ensure your safety while you’re in the workplace. This includes while cleaning windows.

As part of the duty of care that they owe, your employer needs to make sure that they carry out risk assessments. These can identify hazards to health so that they can be reduced or removed. For example, if there’s a particular risk to cleaning a side of a building that is particularly susceptible to strong winds, then steps could be taken to mitigate this.

Furthermore, you should be given equipment that is fit for purpose, safe and well-maintained. If your employer fails to do this and gives you equipment that is faulty in a way that poses a risk to your safety, then you could be injured.

You should also be provided with the appropriate Personal Protective Equipment (PPE) that you need to do your job safely. For example, you might need to wear a hard hat or gloves to reduce the risk of you being injured. If you aren’t provided with this, or if you’re given equipment that isn’t fit for purpose, then you could be entitled to claim.

Liability For Window Cleaner Accidents

If you’re involved in an accident as a window cleaner, then it would need to have been caused by the negligence of another party in order for you to claim.

If you work for a window cleaning company, then your employer owes you a duty of care. If they breach this, then you could be injured.

However, you could also be owed a duty of care if you are working for a window cleaning company through an agency. In order to claim, you’ll need to establish:

  • Who had the duty of care
  • That it was breached 
  • That you were directly harmed as a result

Furthermore, there are time limits to starting window cleaner personal injury claims that you should be aware of. Under the terms of the Limitation Act 1980, a claim must generally be started within 3 years.

This period can start from either the date of the accident or the time that you first became aware that your injuries were caused by negligence. Speak to our team if you need further clarification on this, or for details on the exceptions that apply.

Can I Claim Compensation If I’m A Self-Employed Window Cleaner?

If you are injured cleaning windows as a self-employed window cleaner, you may still be able to claim personal injury compensation if you meet the eligibility requirements mentioned above. 

However, who you would make your window cleaner accident claim against can vary if you are self-employed. To find out if you could be eligible to claim as a self-employed window cleaner, contact our team of helpful advisors today. They can offer more information.

Examples Of Window Cleaning Accidents

There are a number of different ways that someone could be injured as the result of a breach of duty when cleaning windows. For example:

  • You could be involved in a ladder accident because the equipment you were provided was not maintained, resulting in a broken foot
  • Inappropriate footwear provided that causes you to slip or trip 
  • Ropes or harnesses provided that are not fit for purpose, causing a head injury when you fall
  • Struck due to a falling object from above
  • Lack of training and supervision that results in injury  such as a broken hand

You could also sustain psychiatric injuries as the result of a window cleaning accident. For example, you could experience Post Traumatic Stress Disorder (PTSD) as the result of an accident, even if you didn’t sustain any physical injuries as a result.

If you have any questions that our Window cleaner accident claims guide has not answered, get in touch with a member of our team today for free legal advice.

What Evidence Can Help Me Prove A Personal Injury Compensation Claim?

If you’ve suffered harm as a window cleaner in an accident, you must be able to provide evidence in order to make a claim. Evidence is crucial to the personal injury compensation claims process, as it can help support various different areas of your claim. For example, the right evidence can help demonstrate the severity of your injuries, how they occurred, and who is responsible. 

Some examples of evidence that could be used to support your claim if you were injured cleaning windows include:

  • Photographs: Taking pictures of your injuries can help illustrate their severity, whereas pictures of the accident site can help demonstrate how the accident occurred.
  • CCTV: If your accident was captured by a CCTV camera, it’s possible that you could request the footage and use it as evidence.
  • Medical records: Your medical records can offer more insight into your injuries, as well as the treatment you will need to recover. In some cases, if you work with a solicitor, they may arrange for you to undergo an independent medical assessment.
  • Witness statements: Taking the contact details of witnesses allows their statements to be taken at a later date.

One of the benefits of working with a No Win No Fee solicitor on your claim is that they can help you collect this evidence. For example, a solicitor can talk to witnesses and take their statements, and can help you find collate evidence to build a strong case.

To find out if one of our solicitors could help you collect evidence to support your claim, contact our team of advisors today.

Personal Injury Compensation Payouts For A Window Cleaner Accident

Once you have the necessary facts in your window cleaner personal injury claim clear, the next step is to look at how a compensation amount is calculated. There are two heads of damages that can be considered.

The first is called general damages which compensates you for the pain and suffering that your injuries have caused you. Legal professionals use amounts listed in the Judicial College Guidelines to help them value this head of claim. We’ve used some of these in the table below:

Edit
Area of Bodily Injury JC Guideline Award Amount and Severity Supporting Notes
Head (a) Very Severe – £282,010 to £403,990

 

Injuries to this level require round the clock care and the injured person will have little language function, or none at all.
Neck (a) Severe (i) – In the region of
£148,330
Incomplete paraplegia and little relief despite wearing 24-hour neck collar for a period of years
Back (a) Severe (i) – £91,090 to £160,980

 

Spinal cord and nerve root damage of a profound nature
Pelvis/Hips (a) Severe (i) – £78,400 to £130,930 Fractures and ruptured bladder injuries, causing organ dysfunction
Arm (b) Injuries Resulting in Permanent and Substantial Disablement – £39,170 to £59,860 Serious forearm fracture leaving functional or cosmetic disability
Hand (e) Serious Hand Injuries – £29,000 to £61,910 Injuries that leave the hand a 50% reduced capacity, involving amputation or loss of grip and dexterity
Leg (b) Severe Leg Injuries (ii) – £54,830 to £87,890 Permanent mobility issues and multiple fractures that take years to heal
Knee (a) Severe (i) – £69,730 to £96,210

 

Significant joint disruption and ligament damage
Ankle (b) Severe – £31,310 to £50,060 A prolonged recovery in plaster or surgical pins leaving residual permanent issues, scarring and impact on employment
Ankle (a) Very Severe – £50,060 to £69,700 Limited and unusual injuries will fall into this bracket. For example, fracture of the ankle that causes soft tissue damage where there’s a risk that future damage might necessitate a below-knee amputation.

Special Damages in Window Cleaner Personal Injury Claims

Special damages look at the financial losses that your injuries have incurred. This may include:

  • Missed income or loss of earnings from time off while recovering
  • Damage to personal property such as eyewear, clothing, or a mobile phone
  • Medical bills
  • Adaptations needed to your home

Applicable bills and receipts that show these costs could form evidence that supports your claim. If you have other costs caused by the injuries, speak to our advisors to see if they could be included in your claim.

How To Make A Window Cleaner Personal Injury Claim

A No Win No Fee arrangement can help you fund legal representation at no initial charge or any ongoing fees as your claim progresses.

No Win No Fee solicitors work on the understanding that if the claim fails they do not charge you for their services. If a claim succeeds they require a legally capped deduction from the settlement. This is called a success fee, and ensures you get the majority of the compensation you’re awarded.

Please consider calling our advisors to discuss further how a No Win No Fee agreement could help you. They could connect you with a personal injury solicitor to help today. You can:

  • Call our advisors on 0800 073 8804
  • Contact us online
  • Use our ‘live support’ option to the bottom right of this page

More About Liability In Personal Injury Claims

We hope that you’ve found this window cleaner accident claims guide useful. We’ve included some guides below that you might find useful:

If you have any more questions about making a window cleaner personal injury claim, get in touch today.

Written by Waters

Edited by Stocks

When Could You Make An Unsafe Work Area Claim?

By Stephen Hudson. Last Updated 20th May 2025. Have you sustained an injury at work? Are you wondering if you’re eligible to make an unsafe work area claim? This article explains what an unsafe work area means as well as how it could lead to an accident, including what injuries you could sustain as a result.

The guide will also explore your rights in a work accident claim and how our expert solicitors can help with your personal injury claim. Furthermore, we’ll look at No Win No Fee agreements and the benefits that they can offer you.

What Are Unsafe Working Conditions?

Before making your claim it might help to ask, what are unsafe working conditions? When you’re in the workplace, you have a right to work somewhere where the risk of injury has been reduced as much as practicable. This is your employer’s duty of care, and it’s set out in the Health and Safety at Work etc. Act 1974.

If your employer has failed to take all of these reasonable steps, then your working environment could be unsafe. If you sustain an injury as a result of this, then you may be able to claim.

We encourage you to contact our advisors; they are available 24/7 to provide free and relevant legal advice. They can help determine the legitimacy of your claim and may be able to connect you with one of our expert solicitors if your case is valid. Get in touch with our advisors today by:

A man lying at the bottom of a flight of stairs after falling.

Select A Section

  1. Your Employers Duty Of Care To Provide A Safe Working Environment
  2. How Could An Unsafe Work Area Cause An Accident?
  3. What Injuries Could Be Included In An Unsafe Work Area Claim?
  4. What Evidence Can Be Used In An Unsafe Work Area Claim?
  5. What Are My Rights If My Work Area Is Unsafe?
  6. Unsafe Work Area Claim Calculator
  7. How To Make A No Win No Fee Unsafe Work Area Claim

Your Employers Duty Of Care To Provide A Safe Working Environment

A duty of care is the way an employer conducts themselves to take responsible steps to ensure that employees are provided with a reasonably safe working environment.

The duty of care owed by an employer is established in the HASAWA. This piece of legislation outlines the health and safety regulations to ensure that the workplace is adequately safe for employees. Some examples of the steps that employers can take include:

  • Providing Personal Protective Equipment (PPE) – In accordance with the Personal Protective Equipment at Work (Amendment) Regulations 2022 (PPEWR) all employers should provide suitable PPE for employees where necessary, such as hard hats and respirators.
  • General housekeeping – Employers need to ensure that all walkways and emergency pathways are unobstructed from boxes. loose wires and spills.
  • Providing and maintaining work systems – The provided work systems including equipment, tools and machinery should be kept to a standard that means they are safe to operate.

If unsafe working conditions caused you to suffer an injury, to be able to make a compensation claim, you will need to prove:

  1. Your employer owed you a duty of care.
  2. They breached this duty. For example, they failed to keep walkways clear, causing unsafe working conditions.
  3. This caused you to suffer your injuries.

Contact our advisors for information on when an unsafe work area claim could be justified.

How Could An Unsafe Work Area Cause An Accident?

It may not be possible to keep a work area 100% safe. However, if an employer fails to take all reasonable steps to ensure the safety of the space, it can increase the chance of an accident leading to an injury.

Under the Management of Health and Safety at Work Regulations 1999, an employer should conduct risk assessments to discover what hazards exist within the workplace and try to remove or reduce them. An employer can do this by identifying risks, assessing the harm, putting in control measures and reviewing the measures to ensure they are working as expected.

The employer should also tell relevant employees about the workplace risks and provide free and relevant training.

Where To Report Unsafe Working Conditions

If you believe that your workspace is unsafe the Health and Safety Executive (HSE) has a robust system for reporting health and safety issues. You should speak to your employer or a union representative if a health and safety issue can be solved internally. Otherwise, the quickest way to contact HSE is via the contact details they’ve included on their page on reporting concerns.

Contact our advisors today to find out more information on making a work injury claim.

What Injuries Could Be Included In An Unsafe Work Area Claim?

There are a number of different injuries you could sustain as a result of a breach of duty of care that caused unsafe working conditions. Here are a few examples:

  • There is a spillage on the floor but there have been no wet floor signs displayed. This could lead you to slip and fall on the spillage and result in you breaking a bone.
  • You work with corrosive substances but have not been supplied with the appropriate Personal Protective Equipment (PPE). As a result of these unsafe work practices, you sustain a chemical burn injury.
  • Your employer has supplied you with a known faulty ladder to use on a building site. While you are at the top of the ladder, it breaks, causing you to fall from a height. Falls from a height due to unsafe conditions can lead to serious injuries such as paralysis and brain damage.

However, you will need to prove that an employer breached their duty of care and that this caused the unsafe working conditions that caused your injury to be able to make a claim. Contact our advisors today as they can help identify whether employer negligence has taken place.

What Evidence Can Be Used In An Unsafe Work Area Claim?

The evidence that can be used in an unsafe work area claim serves two purposes. The first is to demonstrate that your employer failed to maintain a safe working environment and caused you to be injured. And secondly, you’ll need to show what injuries were sustained and how serious they were, so solicitors can accurately value your claim.

Evidence that can be used to prove harm caused by unsafe working conditions includes:

  • Seek medical attention as soon as possible after the accident. As well as prioritising your health, the records of this treatment will be strong evidence for your claim.
  • It is also advisable to keep a diary during any treatment, making note of your symptoms and the effects they have on you. 
  • CCTV footage can be a great way of showing the accident taking place.
  • Photograph your injuries, the scene of the accident and its cause.
  • Workplace documents will be key for proving the environment was unsafe. Records of training or maintenance logs can show whether these important tasks were carried out correctly. 
  • Your colleagues, or anyone who saw what happened, could provide a witness statement. Make sure you have the relevant contact information so their statement can be taken during the claims process.

You can learn more about how to claim for an unsafe work area, and how our solicitors could help you gather supporting evidence by talking to our advisors today.

What Are My Rights If My Work Area Is Unsafe?

You have the right to be safe when working at your job. To make an unsafe work area claim you must show that an employer breached their duty of care directly causing you to sustain an injury.

You must also file the claim within the 3-year personal injury time limit. However, a few exceptions to this apply.

For instance, if you’re under the age of 18 at the time the accident happens, then the time limit is suspended until you come of age. While you’re underage, a litigation friend can make a claim for you.

Unsafe Work Area Claim Calculator

Following a successful unsafe work area claim, you will receive general damages, which relate to the pain and suffering caused by the accident due to unsafe work practices. The Judicial College Guidelines (JCG) outline compensation bracket amounts for general damages categorised by the type of injury and the severity level. Those who value a claim for injuries caused by an unsafe work area may refer to the JCG for reference.

You can view the below table for some examples of compensation payouts from the JCG that cover different injuries that you may claim for following a work accident. Please note that the table’s first entry is not from the JCG:

InjurySeverityGuideline Compensation Brackets
Multiple Very Serious Injuries with Additional Financial HarmVery SeriousUp to £1,000,000 +
BackSevere (a) (i)£111,150 to £196,450
Moderate (b) (i)£33,880 to £47,320
Brain damageModerate (c) (iii)£52,550 to £110,720
Less severe (d) (i)£18,700 to £52,550
ChestDamage to chest and lungs (c)£38,210 to £66,920
Hip and pelvisModerate (b) (i)£32,450 to £47,810
NeckModerate (b) (i)£30,500 to £46,970
Moderate (b) (ii)£16,770 to £30,500

As part of your claim, you may be eligible to also receive compensation for special damages, too. Special damages can reimburse you for the costs that arise due to your injury. You will need evidence such as receipts or bank statements to claim special damages. Examples of what may be covered under special damages include:

  • Loss of earnings, including loss of future income if your injuries stop you from returning to work.
  • Property adaptations to aid your recovery.
  • Travel costs you’ve paid to go to and from medical appointments.

For more information about how much you could receive in an unsafe work area claim, get in touch with our advisors today.

How To Make A No Win No Fee Unsafe Work Area Claim

The idea of making an unsafe work area claim alone could be daunting. For this reason, we recommend seeking legal advice. However, you might be worried at the financial risk posed when you pay upfront for a solicitor without any guarantee that you’ll be awarded compensation at the end of the process.

Our solicitors offer a type of No Win No Fee arrangement known as a Conditional Fee Agreement (CFA), which is an affordable option for those wishing to use a solicitor’s services. The CFA option requires no upfront fees, and you pay nothing for your lawyer’s services if your claim is unsuccessful.

A CFA lawyer will only take payment via a success fee if your claim is successful. The percentage that can be charged as a success fee is capped by The Conditional Fee Agreements Order 2013, so most of what is paid out goes directly to you.

If our CFA lawyers could help you, then contact our advisors today by:

A solicitor discussing an unsafe work area claim with their client in an office

Related Claims For Accidents In The Workplace

Please read our other useful guides:

Or take a look at the following helpful external links:

Contact our advisors today for more information on making an unsafe work area claim. They’ll be happy to offer you free legal advice.

Administrator Breached My Data Privacy, Can I Claim Compensation?

An administrator breached my data – what can I do? Are you asking this question after your personal details were breached in a data security incident? Did an administrator through human error expose your personal information?

Administrator breached my data claims guide

Administrator breached my data claims guide

The aggravation and distress caused by a personal data breach can cause problems for months or years to come. At Legal Expert, our team can assess your claim in a free, no-obligation conversation. We could connect you with a data breach solicitor if you have a valid claim for compensation after a personal data breach problem due to poor administrative processes. Find out more by:

  • Speaking to our advisors on 0800 073 8804
  • Contact us online and request a callback
  • Access free advice through our live support portal, bottom right

Select A Section

  1. How Could An Administrator Breach Your Data Privacy?
  2. What Data Could Administrators Have Access To?
  3. Administrator Data Breach Case Study
  4. An Administrator Breached My Data, How Do I Claim?
  5. An Administrator Breached My Data, What Could I Claim?
  6. How Legal Expert Could Help You

How Could An Administrator Breach Your Data Privacy?

How did an administrator breach my data? Failure to protect personal data or allowing unauthorised access to personal information can be considered a personal data breach. In the UK, there are specific laws that seek to protect our personal data called the Data Protection Act 2018 and UK General Data Protection Regulation (UK GDPR).

All companies, organisations and businesses that process your personal data must abide by these data protection laws. The legislation is enforced by an independent agency called the Information Commissioner’s Office (ICO).

There are 6 lawful bases for processing a data subject’s personal data. Both data controllers and processors must by law protect any personal or personally sensitive information that they handle.

The 7 Core Principles

The 7 Core Principles of good data practice enable those using personal data to check that they are doing so in accordance with the UK GDPR. With this in mind, data collection and use must be fair, lawful and obvious.

Personal data should be used only for the reasons collected and kept up to date and accurate. In addition to this data should only be kept for limited periods of time, during which security and personal accountability must be displayed by all involved. Integrity and security should be at the forefront of all data handling.

A breach could be the consequence of a data handling failure in these areas. However, a claim for compensation must show financial and/or emotional harm occurred. It’s vital that you can pinpoint and prove where the third party involved failed to properly safeguard your personal information from a breach and are therefore liable as a result. Speak to our team for help.

What Data Could Administrators Have Access To?

If an administrator breached your information it may mean that personal and special category data was involved in the breach. But what sort of personal data could an administrator have access to? Administrators of organisations may require any or all of the following:

  • Name and address
  • Email address and contact phone numbers
  • Date of birth
  • Financial or even medical information

The UK GDPR recognises some data as a special category. This describes personal data that poses a potentially greater risk of harm to the subject if breached. Some examples of special category personal data are anything that reveals:

  • Racial and ethnic background
  • Political opinions
  • Religious and other philosophical beliefs
  • Trade union interests
  • Genetic data and biometric data
  • Health data
  • Data that concerns someone’s sex life
  • Or their sexual orientation

Administrators need to ensure wrong emails are avoided and that data is properly locked away and securely stored.

Who Is Liable If An Administrator Breached Your Personal Data?

An administrator may work for an organisation that collects and processes personal data. If you can prove that the organisation failed to protect any personal or personally sensitive data which led to a breach and caused you harm then you could be eligible to make a personal data breach claim.

Administrator Data Breach Case Study

The ICO details enforcement action that they have taken against organisations that have failed to adhere to data security laws. Human error can be the overwhelming reason for data breach security incidents. Below we look at Data Security Trends that are published quarterly by the ICO. These stats come from the third fiscal quarter of 2021/22.

The most common causes of human error data security incidents as reported to the ICO:

  • Data emailed to the wrong recipient  – 419
  • Unauthorised access – 262
  • Data posted or faxed to the wrong recipient – 181

An Administrator Breached My Data, How Do I Claim?

Unfortunately, a personal data breach by an administrator could happen without you becoming aware of it for some time. During this period, cybercriminals have the opportunity to commit fraud or in severe cases, identity theft. To minimise the damage or if you are thinking about making a claim the checklist below offers help:

Important to note is that there is a 6-year time limit to personal data breach compensation claims. Although this may seem a long time, it is better to commence a claim while the details are as fresh as possible in your mind.

An Administrator Breached My Data, What Could I Claim?

There are two heads of damages in data breach claims. Material damages look at the documented evidence you have that proves you suffered financially because of the data breach. This financial damage may happen in a variety of different ways:

  • You could lose money through online theft or fraud
  • Or incur costs to re-establish your data privacy, such as replacing IT devices or phones
  • It may be necessary to relocate or move your children in severe cases
  • You may need to pay for counselling to deal with the stress

Speak to our team for further advice on what other costs to you could be included or use our compensation calculator.

Administrator Breached My Data – Non-Material Damages

In addition to this, non-material damages can be calculated independently after a precedent was set in a case called Vidal-Hall v Google Inc. This case established that you can claim psychiatric injury in a data breach without claiming for financial losses.

Using the Judicial College Guidelines (16th edition published in April 2022) we created the table below.

Edit
What Type of Psychiatric Harm How Severe? What Award Bracket In JC Guidelines? Further Notes
Psychiatric Damage General (A) A severe level – £54,830 to £115,730 Cases of marked and significant impact in all areas of the sufferer’s life
Psychiatric Damage General (B) Moderately Severe Levels – £19,070 to £54,830 Psychiatric injury that has a more favourable prognosis than the bracket above
Psychiatric Damage General (C) Moderate Levels – £5,860 to £19,070 Cases that indicate a noticeable improvement by the time the case is heard
Psychiatric Damage General (D) Less Severe Levels -£1,540 to £5,860 Reflective of the extent of impact on sleep or daily activities
Post-Traumatic Stress Disorder (PTSD) (A) Severe Level – £59,860 to £100,670 Profound impacts on all areas of the person’s life, restricting life as lived prior to trauma
Post-Traumatic Stress Disorder (PTSD) (B) Moderately Severe Levels – £23,150 to £59,860 A more favourable prognosis after professional intervention and help
Post-Traumatic Stress Disorder (PTSD) (C) Moderate Levels -£8,180 to £23,150 Recovery with some continuing effects remain but are not badly disabling
Post-Traumatic Stress Disorder (PTSD) (D) Less Severe Levels – £3,950 to £8,180 A full recovery within a 24 month period and no remaining severe symptoms

How Legal Expert Could Help You

With all this in mind, you may feel ready to launch a claim for damages when asking – an administrator breached my data – what can I do next?

Anyone is free to start a claim themselves. But collecting all the appropriate information to support your claim in data breach cases can be complex. A No Win No Fee solicitor could help.

When a data breach specialist works under an agreement like this, there are very real benefits to the claimant. Right at the start, you receive realistic advice as to how likely it is for your claim to win. You can also get an accurate assessment of what the damages could be. Cases that win require a maximum 25% deduction for solicitors’ fees. If the case fails, there is nothing owed to them.

This arrangement could work for you. So if you are wondering how to proceed after an administrator breached your data, get in touch with our experts to find out more:

Data Breach Resources

The administrator breached my data – what can I do next? This data breach question is just one that we offer guidance on:

How To Make A Machinery Accident Claim

If faulty or dangerous machinery injured you, you might be eligible to make a machinery accident claim for compensation. However, you would need to show that it was caused by the negligence of their employer.

machinery accident claim

Machinery accident claim guide

Under the Health and Safety at Work etc. Act 1974, your employer owes you a duty of care. This means that they need to take all reasonably practicable steps to ensure your safety in the workplace. This includes making sure that any machinery you work with is safe and well-maintained.

Please contact Legal Expert today to see if you have a valid claim for compensation. An advisor can speak to you about the incident which caused your injuries. If you are eligible to claim compensation, we can provide you with a skilled personal injury lawyer to handle your workplace injury claim.

To get in touch, you can:

  • Call our helpline on 0800 073 8804 to enquire about claiming
  • Contact us online
  • Or type a question for us into the Live Support feature on the left-hand side of your browser.

Select A Section

Different Types Of Machinery Accidents

There are a number of different kinds of accidents that you could be involved in that relate to machinery. However, it’s important to note that you cannot claim for any accident that happens involving machinery. Instead, your accident must have been caused by the negligence of your employer.

In some cases, a piece of equipment may have been defective because of a fault from the manufacturer. However, there are instances where despite this you could make a claim against your employer for any harm you were caused. For example, they may have failed to check the equipment before it was given to employees to use.

Below are some examples of how a machinery accident could happen. However, if you’ve been injured in a way that we have not mentioned above, please get in touch.

Machinery Crush Accidents

A crushing accident can happen if part of the body is pulled into the machine and crushed in an accident. If the worker is not provided with the correct personal protective equipment (PPE) or if the safety guard on a machine is broken, then a crushing accident could occur and the injured person might be able to claim.

Struck By Moving Equipment

If a piece of moving equipment, such as a forklift truck or the head of a digger, strikes a worker, they could be injured. A forklift truck accident could happen if the person operating the machinery has not been properly trained. Training employees so that they can carry out their roles safely is a part of an employer’s duty of care.

Trapped By Machinery

Heavy plant machinery can crush a worker if it is not handled correctly. For example, heavy farm equipment such as a tractor can roll over and trap a farm worker if driven on an uneven surface. Or, if a piece of heavy machinery is not secured a lorry properly, it can roll off and trap a worker.

Causes Of Machinery Accident Claims

A worker may make a machinery accident claim if their employer acted negligently. The following conditions could cause machinery accidents:

  • A lack of PPE, or PPE that is not fit for purpose or is in a state of disrepair.
  • Lack of training. Employees should receive all of the training they need to do their job safely. If they don’t receive this, they might not know about the hazards with a particular piece of equipment and could be injured as a result.
  • A piece of machinery such as a forklift truck may need regularly scheduled maintenance. If this is missed, then a fault could be overlooked and someone could be injured the next time they use the equipment.
  • A risk assessment should be performed so that any hazards related to using the machine are identified. Employees should be told about these hazards.

If a breach of duty of care has caused an equipment accident in which you were injured, you may be able to make a machinery accident claim. Speak with our advisors for more information.

How Could Machinery Injure You?

A faulty equipment accident could cause the following injuries:

This is not an exhaustive list, and you might have sustained injuries that we’ve not mentioned above. If this is the case, you still might be able to claim.

Get in touch with our team for free legal advice about the process of claiming. If you have a valid case, they could provide you with a solicitor. In addition to this, they can offer you an assessment of how much your claim is worth.

When Could You Make Machine Injury Claims?

Under the following circumstances, you could make a machinery injury claim:

  • Your employer owed you a duty of care. However, your employer acted negligently and breached the duty of care.
  • Consequently, a dangerous machinery accident took place.
  • As a result, the machinery accident injured you.

There are a number of steps you can take to strengthen your machinery accident claim. They include:

  • Seeking medical attention, as this generates medical records of your injuries
  • Collecting witness contact details; they might be able to give a statement at a later date
  • Taking photographs of your injuries. You could also take photos of the machinery that caused the accident to happen
  • Seeking legal advice. For example, our team of advisors are on hand to answer any questions you have

Please call our helpline today, and an advisor can let you know if you are eligible to claim. If you are, they could help you get the claims process started.

Machinery Accident Claims Calculator

If you make a successful workplace injury claim, your compensation package can include the following:

  • General damages which can compensate you for the mental and physical harm the injuries brought.
  • Special damages which can compensate you for the unavoidable out-of-pocket expenses your injuries caused. For example, transportation costs if you could not drive whilst injured.

You can use the compensation table as a machinery accident claim calculator to estimate how much general damages compensation you can claim. Please note, we have not included special damages in the table.

Edit
Severity And Type Of Injury Notes On The Injury Damages
Moderate Head Injury (i) An injury to the head which causes a moderate to severe intellectual deficit, changes to the person’s personality and which affects speech, sight and other senses. £150,110 to £219,070
Moderate Neck Injury (i) Includes chronic conditions where symptoms may be referred to other parts of the body. It could also include instances where the soft tissue injury affects the back and neck at the same time. £24,990 to £38,490
Serious Shoulder Injury This bracket includes various shoulder injuries such as a fracture of the humerus which restricted shoulder movement. £12,770 to £19,200
Clavicle Fracture Damages are based on how serious the fracture of the clavicle bone was. £5,150 to £12,240
Moderate To Minor Elbow Injuries This bracket includes most types of elbow injuries, such as tennis elbow, simple fractures and lacerations. Up to £12,590
Total Deafness At the higher end of the bracket, the case may involve tinnitus and speech deficit. At the lower end, there may be neither of these. £90,750 to £109,650
Burn Injuries Burn injuries may be treated as more serious than other types. Serious burn injuries will attract significant settlements. Likely to exceed £104,830
Moderate Back Injuries (i) Back injuries in which there was a crush or compression fracture of a lumbar vertebrae. The person faces a substantial risk of developing osteoarthritis. £27,760 to £38,780
Moderate Hip Or Pelvic Injury (i) Significant pelvic or hip injuries. Any permanent disabilities are not major. There should not be a great risk of disability in the future. £26,590 to £39,170
Forearm Fractures Where the fracture is simple. £6,610 to £19,200

The compensation amounts in the table are based on 16th edition Judicial College guidelines compensation brackets, published in April of 2022. However, if you win your claim, the compensation settlement you receive may differ from what the table suggests.

How Could We Help With Machinery Accident Claims?

Please contact our helpline today to seek legal advice on making a machinery accident claim. An advisor can speak to you in-depth about your faulty or industrial machinery accident.

Moreover, if you have a valid claim, we can provide you with a No Win No Fee solicitor to handle your compensation claim. Our knowledgeable solicitors have sound experience handling personal injury claims and can help you claim the compensation you deserve.

The following benefits apply to funding legal representation with a No Win No Fee agreement:

  • There’s nothing to pay your lawyer at the start of the claims process or as it continues.
  • You will pay your success fee from your compensation payout if you’re awarded compensation. Your success fee is charged at a legally capped rate.
  • There’s nothing for you to pay for your solicitors’ services in the event of an unsuccessful claim.

Please contact us today if you would like to see if you could make a machinery accident claim. Our team can offer you free legal advice about claiming compensation. What’s more, if you are eligible to make a claim, we can appoint a solicitor to work on your case.

To get in touch, you can:

  • Call our helpline on 0800 073 8804 to enquire about claiming
  • Contact us online
  • Ask us a question at the Live Support feature on the left-hand side of your screen.

Make A Workplace Or Machinery Accident Claim

We hope the above advice has been helpful. We have included more resources about claiming compensation for an accident at work to help you.

How To Make A Chemical Burn At Work Compensation Claim

£13,500 Compensation For A Crushed Finger Injury

Defective Work Equipment Injury Claims

Reporting of Injuries, Diseases & Dangerous Occurrences Regulations 2013–  This piece of legislation outlines the responsibility of employers to report certain incidents to the Health and Safety Executive (HSE).

A Health and Safety Executive guide to machinery safety

Managing risks when operating agricultural machinery

Learn about making a claim if a driver hit a cyclist with a car while pulling out of a driveway through our helpful guide.

We appreciate you looking at our guide to making a machinery accident claim. If you have any more questions, please get in touch.

Written by Chelache

Edited by Stocks